On traffic stops, experts say comply first, complain later

1of 11Authorities on Tuesday released the dash cam video footage of the July 10 arrest of a woman who died in Waller County jail three days later under controversial circumstances.Photo: Texas Department of Public Safety

2of 11Authorities released the dash cam video footage of the July 10 arrest of a woman who died in Waller County jail three days later under controversial circumstances. (See longer version of video)Photo: Texas Department of Public Safety

3of 11Authorities released the dash cam video footage of the July 10 arrest of a woman who died in Waller County jail three days later under controversial circumstances. (See longer version of video)Photo: Texas Department of Public Safety

4of 11Authorities released the dash cam video footage of the July 10 arrest of a woman who died in Waller County jail three days later under controversial circumstances. (See longer version of video)Photo: Texas Department of Public Safety

5of 11Authorities released the dash cam video footage of the July 10 arrest of a woman who died in Waller County jail three days later under controversial circumstances. (See longer version of video)Photo: Texas Department of Public Safety

6of 11Authorities released the dash cam video footage of the July 10 arrest of a woman who died in Waller County jail three days later under controversial circumstances. (See longer version of video)Photo: Texas Department of Public Safety

7of 11Authorities released the dash cam video footage of the July 10 arrest of a woman who died in Waller County jail three days later under controversial circumstances. (See longer version of video)Photo: Texas Department of Public Safety

8of 11Authorities released the dash cam video footage of the July 10 arrest of a woman who died in Waller County jail three days later under controversial circumstances. (See longer version of video)Photo: Texas Department of Public Safety

9of 11Authorities released the dash cam video footage of the July 10 arrest of a woman who died in Waller County jail three days later under controversial circumstances. (See longer version of video)Photo: Texas Department of Public Safety

10of 11Authorities released the dash cam video footage of the July 10 arrest of a woman who died in Waller County jail three days later under controversial circumstances. (See longer version of video)Photo: Texas Department of Public Safety

11of 11Authorities released the dash cam video footage of the July 10 arrest of a woman who died in Waller County jail three days later under controversial circumstances. (See longer version of video)Photo: Texas Department of Public Safety

AUSTIN - Police officers can stop someone for any traffic violation.

"My advice to people is, always cooperate with the officer," said Phillip Lyons, a former officer from Alvin and the dean of the College of Criminal Justice at Sam Houston State University.

"Not knowing why the stop has been made, not knowing what the officer's motivation is, not knowing what level of risk the officer has assessed as being associated with the stop, it's probably safer to comply and worry about working out details later."

Lyons added, "If the officer is attempting to do something that is illegal or immoral, then, even under those circumstances, there probably are better ways of remedying that than in getting into a conflict with the officer on the side of the road."

His remarks go the heart of the case involving the death of Sandra Bland, a 28-year-old Chicago native who was found dead in a Waller County Jail cell three days after she was arrested for allegedly assaulting a Texas Department of Public Safety officer during a routine traffic stop earlier this month.

Authorities initially labeled her death a suicide, but questions about her arrest and death have drawn national attention, coming in the wake of other high-profile deaths of black Americans at the hands of police.

'Pretextual stops'

During a traffic stop, legal experts say, drivers have certain rights, the most basic of which is to remain silent. A driver is required to hand over his license and proof of insurance. Those with handgun licenses also must produce that identification card, and it is recommended the driver make clear the location and type of any weapon in their possession at the time.

Officers also can ask a driver to exit the car and may separate drivers from passengers, but no one is required to answer any questions posed by the police that go beyond basic identification queries, according to the American Civil Liberties Union.

Police also can pull over a motorist for a minor issue, such as a broken taillight, with the intention of investigating something else, such as drug possession. Such "pretextual stops" were deemed legal by the U.S. Supreme Court in 1996. In either case, a police officer needs an initial reason or "probable cause" that criminal activity has or will be committed to stop someone.

If a stop escalates into anything other than a routine citation, however, the line between drivers' rights and police authority gets much fuzzier.

"Legally, it may be that the commands that the officer is giving you are violating your rights," said Rebecca Robertson, legal and policy director of the ACLU of Texas. "The difficulty is asserting your rights in the moment by refusing to comply, practically speaking, generally results in escalation."

According to state law, law enforcement officials cannot arrest someone simply for talking back. If an officer thinks the language crosses a line, however, he can charge the individual with disorderly conduct, threat of assault, terroristic threat or something similar, said Shannon Edmonds, staff attorney for the Texas District and County Attorneys Association.

"Generally, just kind of mouthing off to an officer is not going to get you arrested," Edmonds said. "Although sometimes, if peoples' speech gets too salty or threatening, that might cross over into other crimes. It's a pretty broad statute, so a lot of it is left up to - at least initially - up to the discretion of the officer."

Drivers, passengers and bystanders always have the right to videotape any interaction with the police, said Robertson. However, she cautioned the presence of a camera could make an officer uncomfortable, which could change the dynamic of the situation.

"The legal answer is that filming the police or any other public official doing their job is absolutely legal under the First Amendment," Robertson said. "But just because I tell you what the law is doesn't mean that's not going to escalate the encounter."

If an individual thinks it necessary, Robertson recommended respectfully alerting the officer to the camera while making sure to not obstruct or otherwise interfere with the investigation. Houston Police Officers' Union President Ray Hunt said a cellphone should be confiscated only if prosecutors believe it contains information valuable to a criminal investigation, such as a photograph or video of a crime.

Can refuse a search

When it comes to searches, drivers can refuse to submit unless an officer has probable cause to believe the vehicle may contain evidence of a crime. If the seats are torn and there are bloodstains, for example, an officer can order a search in spite of the driver's refusal.

If a driver steps out of his vehicle, police can frisk him - a pat-down in search of a weapon, for example - if the officer has probable cause.

Drivers in Texas pulled over for possible intoxication may refuse to submit to a breath-alcohol test. In Harris County, however, Hunt said district attorneys are available around the clock and can order a blood test over the driver's objections.

While citizens have broad rights when it comes to interacting with police, law enforcement representatives and citizens' rights advocates often urge individuals to comply first and complain later. That is because the law gives wide discretion to officers to arrest or detain bystanders, drivers or passengers.

The Texas Penal Code says anyone an officer believes "interrupts, disrupts, impedes, or otherwise interferes" with his duties can be arrested and charged with interfering with public duties, a class B misdemeanor. The officer has broad discretion to define what this means, experts agreed, leaving it up to him to decide when someone should go to jail.

In the affidavit released Tuesday, Texas Department of Public Safety Trooper Brian Encinia wrote that Bland "became combative and uncooperative" after refusing to exit her car, which he ordered her to do after she refused to heed his requests that she put out her cigarette.

Experts said there was no clear statute or case law to determine whether refusing to put out a cigarette is an arrestable offense. On its face it is not, most agreed, but when coupled with perceived verbal threats and a refusal to heed an officer's orders, such an arrest could be upheld.

"As a matter of courtesy (the officer) might request that someone quit smoking," said Lyons, who said there is nothing that gives police the authority to order someone to put out a cigarette or lower the volume of a stereo. "It just unnecessarily complicates things."

Waller Count District Attorney Elton Matthis has promised a thorough investigation of Bland's arrest and death, saying it was being "treated like a murder investigation."

Meanwhile Encinia has been put on desk duty, and department officials confirmed he did not heed the agency's "procedures regarding traffic stops" or its "courtesy policy."

"The idea that a routine interaction with an officer can escalate over things that are not criminal offenses, like being mouthy, or using your cellphone to record the interaction ... that something supposedly started with someone's failure to signal and ended with someone's death days later," Robertson said, "that's what I think this case brings up that's making people so concerned."